HomeMy WebLinkAboutE 20220531000593Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page -I of 12
Record Date:5/31/2022 11:51 AM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASS]
City of Renton
City Clerk's Office
Abbreviated Legal Description: rortion ti, E 1/20t t Reffl', P , Wlwp Wk,
Full Legal Description on Page(s): Exhibit "A" and Exhibit "B" of document
Assessor's Tax Parcel Number: 202305-9114
Reference Number of Related Documents- N/A
ATI-6104111WIRMT14,11
The Grantor(s), NALS Opportunity 111, an Arizona limited liability company ("Grantor"),
the owner of the property legally described on Exhibit "A" (the "Property"), attached hereto
and incorporated by this reference, for and in consideration of $10.00 and other valuable
consideration,,, recei$t of which is hereby, a c kn owl
the City of Renton, a municipal corporation, and its successors and assigns ("City," "City oi
Renton," or "Grantee"), a permanent utility easement with necessary appurtenances and
access thereto ("Easement"), for the purposes described below, over, under, in, on, along,
across, through, below, and upon, the portion of the Property legally described on Exhibit "B"
(the ":cement and depicted on Exhibit "C", which Exhibits are attached hereto and
incorporated by this reference.
The Grantee and its agents, designees and/or assigns shall have the right at such tiry
as deemed necessary by Grantee, to enter upon, over, under in, on, along, across, throu,
below, and upon, the Easement Area for the purpose of constructing, repairing, replaci
operating and maintaining sanitary sewer facilities ("Facilities") without prior institution
any suit or proceedings and without incurring any legal obligation or liability therefore.
Page 1 Parcel No. 202305-911.4
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-2 of 12
Record Date:5/31/2022 11:51 AM King County, WA
1. THIS EASEMENT is executed and delivered and said Easement is granted upon the
following conditions:
a. Grantee, its agents and employees, assigns and successors shall, as soon as
practicable after construction of the Facilities and all subsequent alterations
and repairs thereto, restore the Easement Area, and the area adjacent to the
Easement Area to the extent disturbed or affected by such construction,
alterations and repairs, to substantially the same condition as it was prior to
such construction, alterations, or repairs. Further, in exercise of its rights
granted under this Easement, Grantee and its agents shall not unreasonably
interfere with the Grantor's use, and the use of Grantor's tenants, of the
property outside the Easement Area. Grantee shall be responsible for and
shall, at its own expense, undertake all construction, maintenance, repair,
replacement, improvement and upkeep of the Facilities for public
infrastructure purposes.
b. Grantee will comply with all federal, state, and municipal law, orders, rule
permits, permissions and regulations applicable to Grantee's use of t
Easement Area. Grantee will keep Grantor's Property free and clear of all lien
charges, and other monetary encumbrances arising out of the rights granted
Grantee under this Easement.
2. Grantor shall not interfere in any manner with the easement rights granted to Grantee
in this Easement. Without limitation, Grantor shall not:
a. Following the eective date of this Easement, erect or construct any neg
buildings, structures, or improvements within the Easement Area, except to t
extent that a structure already existing in the Easement Area as of the effecti
date is damaged or destroyed, in which case the Grantor shall have the rig
and authority to rebuild the damaged structure or building in materially t
same fashion or location. For purposes of this Easement, paved sidewalks a 0
streets do not constitute buildings or structures provided, however th
b Grantor may not construct paved sidewalks or streets that unreasona
restrict Girptitee's access to the Facilities or use of the Easement Area.
Z. Disturb or Endanger the lateral or subjacent support of the Facilities
unreasonably restrict Grantee's use of the Easement Area, consistent with t
terms of this easement , dig, tunnel, or undertake any form of construction
other activity that may unreasonably disturb or damage the compaction of t
Easement Area permitted under this easement, or intentionally or negligentl
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-3 of 12
Record Date:5/31/2022 11:51 AM King County, WA
unearth the Facilities on the Property or in the Easement Area, or damage the
Facilities.
C. Plant trees, shrubs, or other vegetation having deep root patterns in or
adjacent to the Easement Area that may cause damage to or interfere with the
use of the Facilities.
d. Develop, landscape, or beautify the Easement Area in any way that wou unreasonably increase the costs to Grantee of restoring the Easement Area a]
any private improvements therein.
e. Blast within fifteen (15) feet of the Facilities or the Easement Area.
t Erect fences in such a way as to prevent access by Grantee's vehicles across t
Property to the Facilities; provided that Grantor may define a reasonab
access area for Grantee's use for the purpose of accessing the Facilities a
Easement Area. Any fence in the Grantee's access area must provide for
minimum of one opening (gated, removable sections, barriers, etc.) of at lea
ten (10) feet in width, and shall comply with the applicable codes and laws
the City of Renton and State of Washington.
9. Erect any objects within fifteen (15) feet above the ground surface within the
Easement Areas provided, however that to the extent an object, as of the
effective date, already exists within fifteen (15) feet above the ground surface
within the Easement Area, Grantor shall not be obligated to remove such object
and, if such object is damaged or destroyed, the Grantor shall have the right
and authority to rebuild or replace the damaged object in materially the same
fashion or location.
3. Grantor and Grantee acknowledge and agree that Grantee is the beneficiary of certain
other Public Utility Easements which were recorded in the King County Recorder's Office
under Recording Nos. 8505290678, 8505290679, and 8505290680 and that certain Sanitary
7TRAICIII dily Ul tile 1 #1 eSUllig edSerl
terms of this Easement, this Easement shall control.
4The rights granted herein shall not be construed to interfere with or restrict the rights
trators.
Page 3 Parcel No. 202305-9114
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-4 of 12
Record Date:5/31/2022 11:51 AM King County, WA
5. This Easement and the rights, obligations and covenants stated in this Easement shal',
run with the land and shall be binding upon and shall inure to the benefit of the Grantor and,
Grantee. This Easement shall be recorded with the King County Recorder's Office.
6. Grantor covenants that it is the lawful owner of the above -described property and has
authority to convey this Easement.
...........
in a court of law or arbitration to enforce the terms of this Easement, the prevailing party in
such action or proceeding will be entitled to recover its reasonable attorney's fees and other
litigation or arbitration expenses, including fees and costs on appeal.
8. The Grantee agrees to hold harmless, indemnify and defend the Grantor from and
against any and all claims, losses or liability (including attorneys' fees incurred), for injuries,
sickness or death of persons, including employees of the Grantee, or damage to property,
arising out of any activity undertaken by or for the benefit of Grantee on or around the
Easement Area or any willful misconduct or negligent act, error, or omission of the Grantee,
its officers, agents, contractors, subcontractors, licensees, or employees, in connection with
the Grantee's activities authorized by this Construction Easement, provided, however, that:
The Grantee's obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death or damage caused by or resulting from the
sole willful misconduct or sole negligence of the Grantor; and
b. The Grantee's obligations to indemnify, defend and hold harmless for injurie
sickness, death or damage caused by or resulting from the concurre
negligence or willful misconduct of the Grantee and the Grantor, or of t
Grantee and a third party other than an officer, agent, contractor or employ
of the Grantee, Grantee shall be responsible only to the extent of the
I
damag caused by the negligence or willful misconduct of the Grantee (includin
without limitation, an officer, agent, contractor or employee of the Grantee)l
FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE
INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT AND NOT FOR THE
BENEFIT OF THE GRANTEE'S EMPLOYEES OR ANY UNRELATED THIRD PARTIES,
THE GRANTEE SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT
MAY BE GRANTED IT UNDER THE LAWS OF THE STATE OF WASHINGTON
?age 4 Parcel No. 202305-.91Z
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-5 of 12
Record Date:5/31/2022 11:51 AM King County, WA
�NCLUDING, BUT NOT LIMITED TO, WASHINGTON STATE INDUSTRIAL
�NSURANCE ACT, TITLE 51 RCW
9It is understood and agreed that delivery of this Easement is hereby tendered and that
the terms and obligations hereof shall not become binding upon City of Renton unless and
until approved hereon in writing by City of Renton. If the City of Renton does not approve this
Easement on or prior to the date which is sixty (60) days after the Grantor's execution of this
Pnrnmont this easement shall be of no further force or effect and neither the Citv of Renton
10. Grantee shall pay Grantor its attorney's fees, costs for review of this easement, and
A-Cis-Epi-I I -j
--y b-11 0 ldf!� dFlU ML1177m7r, �Vl'nT'�`777171 =?r= 717d= U1111 U119 LY k,>Vj Sdyb U1
approval of the Easement by the City of Renton.
R117TIN, M*
NALS Opportunity III, LLC, an Arizona limited liability company,
its General Pattrier
I
Page 5 Parcel No. 202305-9114
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-6 of 12
Record Date:5/31/2022 11:51 AM King County, WA
LIFERNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE 5 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Caiifor `a
w
County of „wM
On _. Date before me,
Mere Insert hJcrrrte and Title of the
C)ffreer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personN whose riameNilnp4theif
d subscribed
to the within instrument and acknowledged to me that s they execrated the same in
authorized capacfty(N%Q, and that by 0he6theif signatureKon the instrument the persons or the entity
upon behalf of which the perso ) acted, executed the instrument.
Notary Public- California
Santa Barbara County
Pry + Commission # 2282950
My Comm. Expires Apr 21, 2023
Place rotary Seat andlor Stomp Above
r
l certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _
Document Date:__..__ ..... _.__.......
__._.. _.
Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Blame:
Ci Corporate Officer — Title(s):
• Partner - D Limited 0 General
• Individual 0 Attorney in Fact
Trustee o Guardian of Conservator
0 tither:
Signer is Representing: _
Number of Pages'..
Signer's Narnae:
• Corporate Officer •- Title(s):
• Partner — D Limited D General
• lndividual D Attorney in Fact
D Trustee 0 Guardian of Conservator
D Other:
Signer is Representing: __.... .....
K��^,� },ko &i . dRc 4.r ;ia,,,K,&
1 201i National Notary Association
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-7 of 12
Record Date:5/31/2022 11:51 AM King County, WA
City of Renton
Its
Date
(gage 6 Parcel No. 20 305-9114
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-8 of 12
Record Date:5/31/2022 11:51 AM King County, WA
STATE OF
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said
person instrument, and on oath stated that they were
authorized to execute the instrument and acknowledged it as the
of NALS Opportunity III, LLC, to be the free anc
ism M, 1115=11THUTIMM
DATED this Oday of
20
EM
GAIL M, MARTIN -WHITE
Notary Public - California
Santa Barbara County
My
Commission # 2292950
Com rn. Expires Apr 21, 2022
Residing U-+ .1-UA-53 141
My appointment expires
Page 7 Parcel No. 202305-9114
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-9 of 12
Record Date:5/31/2022 11:51 AM King County, WA
That portion of the Northeast quarter of the Southwest quarter
RangeTownship 23 North, 5 East, W.M., described as follows:
SouthThence
alongh e 9 feetSouthn
rightBonneville Power Administration a
Thence South 26009'18" West along said right of way 188.70 feet to the True
Point of Beginning;
Thence continuing South 26'DO9'18" West 399.44 feet to the North margin of
Ethier Road;
Thence Southeasterly along said margin 12.2 feet to the Westerly margin of
n undedicated road (Grant Ave .);
Thence North 2707'55" East along said margin 311.49 foot;
Thence North 24041'30" West 1 1.72 feet along said margin to the True Point
of Beginning;
EXCEPT that portion thereof conveyed for streets;
Situate in the City of Penton, County of Ding, State of Washington.
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-10 of 12
Record Date:5/31/2022 11:51 AM King County, WA
EXHIBIT
R ,* , 11 ,i
That portion of the real property described in Exhibit `eA" herein, lying in the Northeast
quarter of the Southwest quarter of Section 20, Township 23 forth, Range 5 East,
W.M., in ring County, Washington, further described as follows:
A 5-foot wide strip of lead lying 17.50 feet on each side of the following
describedcenterline:
Commencing at the centerline intersection of South Ethier Road and
Grant Ave. South;
Thence forth 57'06'59" West along said centerline 92.14 feet;
Thence North 32*31 "05" East 30.00 feet to a point on the northeasterly
margin of South Ethier Rd;
Thence continuing North 2"31'0" East 36.27 feet to a point
hereinafter referred to a "point A", and the True Point ofBeginning;
Thence North 26103'26" East 69.53 feet;
Thence North 22123'12" East 32.63 feet to the beginning of a curve
concave to the West having a radius of 98.49 feet;
Thence northwesterly
angle of 20'04'21 " to a point hereinafter referred to ,"Point
Thence continuing northwesterly along said curve 61.95 feet through y
lyingcentral angle of 36'0222";
Thence North 32023'02" West, non -tangent to said curve, 16.93 feet to
a point hereinafter referred to as "Point C", on the northwesterly
line of "Parcel 1" as shown on Record of Survey, Recording Number
8105149005, Records ; King County, Washington lying North
feet from the southwesterly comer of said
Parcel,alsrlo15
line of the Bonneville Power Administration right Auditor's e
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-11 of 12
Record Date:5/31/2022 11:51 AM King County, WA
�j
northeasterlyThence South 13113'45" East 58.21 feet to the intersection of said
o
Thence North 57106'59" West along said northeasterly margin 116.00
Beginning;
followingTOGETHER WITH a 20-foot wide strip of land lying 10.00 feet on each sici
of the
Beginning at the aforementioned "Paint B";
IT 7,75
terminate.terminate at the margins and property lines where the described centerlines
Instrument Number: 20220531000593 Document:EAS Rec: $214.50 Page-12 of 12
Record Date:5/31/2022 11:51 AM King County, WA
,
lo
NN22®23'12"E 32.63' 4
PN26°03'28"E 69.53'-
11x2"1'
POINT A-..e. �
hN80*14'19"E 53.42" --
S63°56'32°"E 17.50"
N2'31 "05"E —•,
36,27"
NN57°06'5"WJ
11 .00'
IN
AREA = 11417± SQF
EXHIBIT$I ®W
EPE
LINE.
202305-114
POINT C
— N32'23'02"
R=96.49'
A=36@02'22'
A,
S62°001 WE 67.73'
L=34.50'
R=96.49'
A=20"04`21 "
PER VENT EASEMENT
`SHADED AREA)
S63 6'32"E 17.50'
.S13"13°45'"E
56.21 "
IN32°31'05"E
30.00"
F�C9T�: 1S IN�FiaRV�A dQCN}SVC)l" ('E�C�PF'LBfliNa
NOT REPRESENT Ae BOUNDARY GUMPIED FROM C LCULA'TED A,N
SURVEY OR PROPERTY OWN IL
REC RU SOURCES S 1 Joe SEC 20
0
, T 3N., ROTE., W.M.
CITY OF RENTON
THUNDER HILLS SEWER INTERCEPTOR REHABILITATION
11130 NE 33rd Place, PERMANENT EASEMENT PARCEL 202305-9114
Bellevue WA 98004 RLE PATH
phone: (4251869-9448 IV:\2002\.,.3611\e rut